"The judgment has diluted the provisions of the Act, resulting in great damage to the country".
In a written reply to the Supreme Court, the Centre said that the order had "diluted" the provisions of the law and the court may need to recall the directions it had issued.
The Centre has resorted to a major damage control exercise in its review petition filed in the Supreme Court on its judgment on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
On March 20, the court banned automatic arrests and registration of criminal cases under the Act which led to violence and clashes on April 2 following a nation-wide strike call given by several Dalit organisations against the verdict. The statement further told the SC that the order delivered by a two-judge bench of Justices A K Goel and U U Lalit is also creating anger, unease and a sense of disharmony in the country.
Taking the scope of the review petition beyond the given case and reminding the court of the separation of powers, the government has submitted that "in India, separation of powers being part of the basic structure of the Constitution, there was no room for the court declaring that it could legislate and make plenary law".
Supreme Court to examine plea on CJI's power
Venugopal on a petition challenging the administrative powers of the chief justice of India regarding allocation of cases. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies.
On April 3, the apex court declined to stay its ruling, which activists say has diluted the law aimed at preventing atrocities on Dalits and tribes, as it asserted that it wanted to protect innocent people from being punished.
"The SC/ST act is a special act". The court said an accused public servant can only be arrested with the permission of the appointing authority and, if it concerns a person who is not a public servant, permission has to be obtained from the district SSP.
"No, they can't work". Else, sources said, the government could just bring amendment strengthening the SC/ST Atrocities Act.
Jena said the Supreme Court judgement on March 18, 2018 has sealed the rights guaranteed by the Constitution on the future protection of dalit and Adivasi people from the oppression. "No relief can be given to the SC/ST community without protecting the fundamental rights of an innocent person", Justice Goel had said.
"The government is determined to maintaining the law as it was enacted. Provisions of the Act can not be used to terrorise the innocents", the court said.